Laviolette v. Administrator of Social Services (Prescott and Russell Counties), (1991) 44 O.A.C. 255 (DC)

JudgeO'Driscoll, Southey and Desmarais, JJ.
CourtOntario Court of Justice General Division (Canada)
Case DateJanuary 03, 1991
JurisdictionOntario
Citations(1991), 44 O.A.C. 255 (DC)

Laviolette v. Social Services Admin. (1991), 44 O.A.C. 255 (DC)

MLB headnote and full text

Mario Laviolette (appellant) v. The Administrator of Social Services of The United Counties of Prescott and Russell (respondent)

(No. 930/87)

Indexed As: Laviolette v. Administrator of Social Services (Prescott and Russell Counties)

Ontario Court of Justice

General Division

Divisional Court

O'Driscoll, Southey and Desmarais, JJ.

January 3, 1991.

Summary:

Laviolette applied under the General Welfare Assistance Act for welfare. The administrator found Laviolette ineligible for assistance under s. 3(1)(b)(iii) of Regulation 441, because Laviolette quit his employment. The Social Assistance Review Board affirmed the decision. Laviolette appealed.

The Ontario Divisional Court, O'Driscoll, J., dissenting, allowed the appeal and remitted the matter to the Board for reconsideration.

Social Assistance - Topic 846.1

Claims - Benefits - Entitlement - Considerations - Voluntarily ceasing employment - Section 3(1)(b)(iii) of the General Welfare Assistance Act Regulations provided that "in determining whether a person ... is eligible for assistance ... a welfare administrator shall, where the person is not engaged in full-time, regular employment but is employable, be satisfied that ... any current unemployment is due to circumstances beyond the control of the claimant ..." - The Ontario Divisional Court stated that a claimant's voluntary cessation of employment did not automatically render him ineligible; it was merely a factor to be considered by the administrator.

Cases Noticed:

Brown and Social Assistance Review Board (1978), 18 O.R.(2d) 405 (Div. Ct.), refd to [para. 24].

Statutes Noticed:

Family Benefits Act, R.S.O. 1980, c. 151, sect. 15(1) [para. 8].

General Welfare Assistance Act Regulations, Reg. 441, sect. 3(1)(b)(iii) [paras. 3, 15].

Counsel:

N.A. Amarica, for the appellant;

J-C. A. Gélinas, for the respondent;

L.M. McIntosh, for the Minister of Community and Social Services.

This appeal was heard on November 21 and 22, 1990, before O'Driscoll, Southey and Desmarais, JJ., of the Ontario Divisional Court.

The judgment of the Divisional Court was released on January 3, 1991, when the following opinions were filed:

O'Driscoll, J., dissenting - See paragraphs 1 to 14;

Southey, J. (Desmarais, J., concurring) - See paragraphs 15 to 32.

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